Handling principles related to the consolidation of social insurance books in Vietnam

Handling principles related to the consolidation of social insurance books in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Handling principles related to the consolidation of social insurance books in Vietnam

The handling principles related to the consolidation of social insurance books according to Official Dispatch 3663/BHXH-THU dated November 19, 2014 are as follows:

- The employee shall submit the same-issued social insurance book to the unit currently working or the unit participating in social insurance that has finally closed the book to make a dossier and transfer it to the social insurance agency to consolidate the book.

If the last unit registered to participate in social insurance is dissolved, or if the employee has closed the leave book and is no longer participating in social insurance, the employee must submit a dossier to the social insurance agency where the last unit registered to participate in social insurance in order to merge the book.

- Combine all data on unpaid social insurance and unemployment insurance premiums into the original book, which is the book with the earliest participation in social insurance but has not yet received (or has not yet fully enjoyed) the one-time allowance and unemployment benefit, and keep such a book number to continue participating in social insurance; revoke and destroy duplicate books (and book numbers).

+ If the first social insurance participation process is managed by the number of the temporary book, or if the book is not recognized by the employee, the number of the social insurance book next to that is the original number.

+ If the employee currently receives regular allowances from a social insurance book, that book must be kept as the original book.

- When merging books with the same social insurance payment period, keep the books with the same payment period of social insurance in the following priority order:

+ If the employee wants to reduce the duplication of this process, the employee is requested to contact the social insurance agency of that city to reduce the overlap and close the book;

+ The book is enjoying the retirement regime;

+ The book has been enjoying the labor accident - occupational disease regime;

+ The book has been entitled to one-time allowance but the unemployment insurance has not yet been received;

+ The book has been receiving unemployment benefits but not the one-time social insurance.

+ The book has time to participate in social insurance, health insurance, unemployment insurance with higher salary.

- Social insurance books in which the employee has enjoyed the allowance regimes, the data received corresponds to the prescribed plans, the remaining process of not yet enjoying the allowance regime will still be preserved.

- If the employee agrees not to participate in social and unemployment insurance, this must be clearly stated on the application form (D01-TS). The professional processing officer locks the data of payment of social insurance and unemployment insurance premiums with the plan of KB and KT and makes a record of book cancellation in the section "Cancellation with many books."

An application form of the employee with the approval of the Board of Directors of the district social insurance agency or the leader of the city's social insurance collection department to replace the recall book.

In special cases, it is necessary to restore the process that has locked the KB or KT, it can only be done with the approval (where the data was previously locked) of the Board of Directors of the district social insurance agency or the leader of the city's functional department and in accordance with the process of recovering the canceled book number.

- Employees with the same process of participating in social insurance must reduce the corresponding process, even for books with a period of time not enjoying the regime that coincide with books with a period of enjoying the lump-sum allowance; additionally, the unemployment allowance must be reduced to coincide with the month preceding the book previously enjoyed.

- When combining social insurance books with the same social insurance participation process and having received unemployment insurance benefits, if the social insurance payment process is the same, it is used to calculate the period of enjoying unemployment benefits (3 months, 6 months, or 9 months, for example), then require the employee to pay back the unemployment insurance amount received before the overlap is reduced.

- For employees who have used other people's records to participate in social insurance and enjoy social insurance benefits, if they have not yet enjoyed the process, the social insurance agency shall adjust the profile to reflect the correct identity and notify the places where the correct identity update regime has been resolved through the Social Insurance Department after the unit (or employee) submits the application for adjustment in accordance with regulations.

- The regime has benefited from the process of participating in social insurance, but other districts that manage that program do not enter that data. If the original data is managed by your unit, confirm the data according to plan CT or TT (if any).

- The process of participating in social insurance that the employee commits to not admit, but is managed by another district, must enter that data to lock the KB and KT plan.

- The period of overlapping social insurance premiums or continuing to pay social insurance premiums after receiving a decision on retirement enjoyment, shall be settled on the principle of combining the processes of returning to the original book, returning the process of duplicate payment, or continuing to pay social insurance premiums from the time the employee officially enjoys the pension and then recalculating the pension.

2. Social insurance principles in Vietnam

According to Article 5 of the Law on Social Insurance 2014, the social insurance principles in Vietnam are as follows:

- Levels of social insurance allowances shall be calculated based on the social insurance premium rate, the premium payment period and the sharing among the insured.

- The compulsory social insurance premium rate shall be calculated based on an employee’s monthly salary. The voluntary social insurance premium rate shall be calculated based on the monthly income selected by employees.

- Employees who pay both compulsory and voluntary social insurance premiums are entitled to the retirement benefits and survivorship allowance benefits based on their period of social insurance premium payment.

The period of social insurance premium payment already calculated for enjoying a lump-sum social insurance allowance shall not be included in the period used to calculate social insurance benefits.

- The social insurance fund shall be managed in a centralized, uniform, public and transparent manner; used for proper purposes and independently accounted by component funds and groups of the insured subject to the state- prescribed salary benefits and the employer-decided salary benefits.

- Social insurance shall be implemented in a simple, easy and convenient manner, promptly and fully ensuring the interests of the insured.

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